LSG-GESELLSCHAFT ZUR WAHRNEHMUNG VON LEISTUNGSSCHUTZRECHTEN GMBH V. TELE2 TELECOMMUNICATION GMBH, 19.Feb.2009 (“Tele2”)

Personal Data: Communication of names and physical addresses of certain users, whose IP address and date and time of connection were know, involves the making available of personal data, that is, information relating to identified or identifiable natural persons.

It should be noted at the outset that Promusicae concerned the communication by Telefónica de España SAU – a commercial undertaking engaged, inter alia, in the provision of Internet access services – of the identities and physical addresses of certain persons to whom it provided such services and whose IP addresses and dates and times of connection were known (Promusicae, paragraphs 29 and 30).

It is common ground, as is apparent from the question referred and from the facts in Promusicae, that Telefónica de España SAU was an Internet access provider (Promusicae, paragraphs 30 and 34).

Accordingly, in holding – in paragraph 70 of Promusicae – that Directives 2000/31, 2001/29, 2002/58 and 2004/48 do not require the Member States to impose, in a situation such as that in Promusicae, an obligation to communicate personal data in order to ensure effective protection of copyright in the context of civil proceedings, the Court did not immediately rule out the possibility that Member States may, pursuant to Article 8(1) of Directive 2004/48, place Internet access providers under a duty of disclosure.